Terminal retirement benefits
Dharmender Singh Majoka
(Querist) 14 October 2011
This query is : Resolved
1. I , Dharmender Singh(Ex- Deputy Commandant) was an employee of Para-military Force(BSF) from January 11, 1999 to July 26, 2006 and was posted in 13 Battalion. During the m/o January, 2006 Reserve Bank of India advertised for the post of Assistant Manager(Security) Group ‘A’ in the Pay Scale of Rs. 11250-700-22500. I applied for advertised post Through Proper Channel and requested to Govt. of India to issue of NOC, in addition to that I forwarded an advance copy to RBI also. I was conveyed NO Objection Certificate on May 1, 2006 by the Department. The application was also forwarded by Department (BSF) to RBI vide letter No.11/6959/99-Pers/BSF/Pt./20606-09 dated May 26, 2006. Subsequently I was called for interview and got selected for the said post in RBI. I was directed by the RBI to join said post. On June 19, 2006 I tendered my Resignation/Technical Resignation. The Technical Resignation was recommended and forwarded by IG Hq.
2. The resignation was accepted by Govt. of India vide vide MHA Dy. No. CR- 60936/2006/P-111 dated July 12, 2006 and conveyed me by BSF vide letter no. 22/26/2006/Pers/BSF/32263-303 under Rule 26 of CCS(Pension) Rules- 1972 read with Rule-19 of BSF Rules 1969 with remarks that “ Shri Dharmender Singh, Deputy Commandant, IRLA No. 19975979 of 13 BN BSF has already been permitted to apply for the post of Asst. Manager(Security) in the Reserve Bank of India in the pay scale of Rs. 11250-22500 vide MHA Dee. No. 16899/2066/P-111 dated April 18, 2006 as such the benefits under Rule 26(2) of CCS(Pension) Rules- 1972 will be admissible to him” and I was released from Unit(BSF) on July 26, 2006 to take up the appointment in RBI as Assistant Manager(Security) and I joined RBI- Nagpur office on July 31, 2006.
3. On April 4, 2007 I sent a request letter to Account Officer, PAD (GO section), BSF for release of Gratuity amount but no response received. Whereas I was informed by 13 BN BSF that DCRG bill of Rs. 2,38,917.00 was sent to PAD(GO section) on December 13, 2006 vide bill no. 70.
4. On getting no response from Account Officer, PAD again I forwarded request letter to DG, BSF and MHA(GOI) on February 19, 2008 regarding release of Terminal Retirement benefits to undersigned or to transfer to my present employer (RBI). Finally I was conveyed by BSF vide letter no. PAD/BSF/PG-1/T-24/2008/475-77 dated July 25, 2008 that the service under Reserve Bank of India & H.A.L. do not qualify under CCS(Pension) Rules. Therefore no pensionary benefits are admissible for the service rendered in these cases.
A. Sir, till date neither I got my terminal retirement benefits nor the same has been transferred to RBI. Please advise me whether I am eligible for Service Gratuity, Retirement gratuity and full leave encashment or not.
( Dharmender SINGH )
09646018095
Raj Kumar Makkad
(Expert) 14 October 2011
You are very well entitled for he grant of all terminal benefits like Retirement cum-Service Gratuity, leave encashment, GIS, GPF etc. under CCS(Pension) Rules.
You serve a legal notice and file a civil suit against UOI.
Dharmender Singh Majoka
(Querist) 15 October 2011
Dear Expert,Mr. Raj Kumar Makkad and Mr.Prabhakar Singh, Thanks a lot for guidance and support.
Regards
Dharmender Singh
Guest
(Expert) 15 October 2011
Dear Dharmender Singh,
The rules for counting military service in RBI are as follows:
"An employee who has rendered military service before appointment in the Bank may opt either:
(a) to continue to draw the military pension, in which case his former military service shall not count as
qualifying service;" or
"(b) to cease to draw his pension and refund the pension already drawn on re-employment and the value
received for the commutation of a part of military pension and count military service as a qualifying service,
provided that
(i) the pension drawn prior to the date of appointment in the Bank shall not be required to be refunded; and
(ii) the element of pension which was ignored for fixation of his pay shall be refunded by him"
So, you can check with reference to your record of military service to what extent your case fits within the aforesaid rules and apply to get the benefits admissible.
Dharmender Singh Majoka
(Querist) 15 October 2011
Dear Dhingra sir,
What you said it is about military service but I am an ex- BSF officer . BSF is a Paramilitary force and comes under purview of Ministry of Home Affairs(UOI). Counting of past service for pensionery benefits is applicable for militry personnel according to RBI Pension Rule 1990. RBI replied that the Bank's do not have any instructions from Govt. of India regarding counting of past service nor pay fixation of Paramilitary officers but Bank's have guidelines from Govt. of India for ex-military personnel regarding above mentioned subject matter.
Please guide me in such circumstance what I shall do.
Regards
Dharmender Singh
Guest
(Expert) 15 October 2011
Dear Dharmender,
In that case, I would like to advise you first try to find your answer in Chapters 2 & 3 pertaining to Staff Administration and Establishment Matters in the General Administration Manual Part-1 of the RBI. After that, if you are unable to find answer to your query in that you would better ask for the information under RTI from the DOPT whether the para-military forces come under the purview of the military personnel and military service and whether the benefits extended to the military service would be extendable to the para-military services or not. If the answer is affirmative, ask them to supply copy of Government of India instructions on the matter.
